R98-025RESOLUTI ON
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH (CITY)
AND THE GREATER BOYNTON BEACH CHAMBER
OF COMMERCE, PROVIDING FOR THE CHAMBER
TO PLAN, ORGANIZE AND IMPLEMENT THE
G.A.L.A. WINE & BEER GARDEN AND THE LOCAL
BUSINESS EXHIBITOR AREAS DURING THE
MARCH 20- 22, 1998 FESTIVAL; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, three-day
art/cultural festival attracting between 40,000 and 50,000 people; and
WHEREAS, the 1998 G.A.L.A. is soheduled to be held on March 20, 21
and 22, 1998; and
WHEREAS, the Greater Boynton Beach Chamber of Commerce has the
knowledge, ability and experience to coordinate the Wine & Beer Garden and
the local business exhibitor areas at this three-day event; and
WHEREAS, baSed on the recommendation .of city staff, the City
Commission of the City of Boynton Beach has determined that an agreement
should be entered into with the Greater Boynton Beach Chamber of Commerce
to provide for .coordination of the Wine & Beer Garden and the local business
exhibitor areas during the 1998 Boynton Beach G.A.L.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Flodda
does hereby authorize and direct the Mayor and City Clerk to execute an
Agreement between the City-of Boynton Beach and the Greater Boynton Beach
Chamber of Commerce to provide for coordination of the Wine & Beer Garden
and the local business exhibitor areas at the 1998 G.A.L.A. festival scheduled to
be held March 20, 21, and 22, 1998. A copy of the Agreement is attached
hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon
PASSED AND ADOPTED this .~,,. day of
AT ['EST:
Cit~Clerk
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
Commissioner
CITY t.,. BOYNTON BEACH BOYNTON'S _.A.L.A.
BEER GARDEN & MERCHANT EXHIBITOR AGREEMENT
~HIS AGREEMENT made and entered into this /~ day of February, 1998, by and between The Greater
~oynton Beach Chamber of Commerce, whose mailing address is 639 E. Ocean Avenue, Suite 108, Boynton
Beach, FL 33435, hereinafter referred to as "the CHAMBER" and the City Boynton Beach, a municipal
corporation, whose mailing address is 100 E. Boynton Beach Blvd., Boynton Beach, FL, 33435, hereinafter
referred to as the "the CITY."
WHEREAS, the CITY is requesting the services of the CHAMBER to coordinate and provide a Wine & Beer
Garden and Merchant Exhibitor area for the 17' Annual Boynton Beach G.A.L.A. festival held on
March 20 - 22, 1998, and
WHEREAS, the CHAMBER has been a participant for three (3) years in this capacity and has demonstrated
the ability to successfully operate, through volunteers and staffing, such enterprises, and
WHEREAS, the proceeds from the sales of wine and beer and business booths have been beneficial to both the
CHAMBER and the CITY'S G.A.L.A. event,
NOW, THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the parties to
this agreement do hereby agree as follows:
That the G.A.L.A. event dates are March 20, 21, 22, 1998.
The CHAMBER shall organize and staff a Wine & Beer Garden, including frozen tropical alcoholic and
non-alcoholic beverages, and a Merchant's Exhibitor area in the locations designated by the G.A.L.A. Event
Coordinator, according to the following schedule:
Wine and Beer Garden:
Friday 12:00 noon - 9:00 p.m.
Saturday 10:00 a.m. - 9:00 p.m.
Sunday 12:00 noon - 6:00 p.m.
Merchant Exhibitor Area:
Friday 12:00 noon-6:00 p.m.
Saturday 10:00 a.m. - 6:00 p.m.
Sunday 10:00 a.m. - 6:00 p.m.
3. The CHAMBER shall:
a) Meet the promotional deadline of February 13, 1998 as assigned by the G.A.L.A. Event Coordinator.
b) Provide the G.A.L.A. Event Coordinator with an itemized list of all proposed expenditures and
revenue estimates by February 6, 1998.
c) Provide continuous supervision of the Wine & Beer Garden area.
d) Staff Beer Garden with volunteers recruited by the CHAMBER.
e) Provide total set up [,~ 11:00 a.m. on March 20 and break , /vn no sooner than 6:30 p.m. on
March 22, 1998 of Wine & Beer Garden.
f) Provide attractive decoration for Wine & Beer Garden.
g)
Provide all necessary signs for crowd control placed at each point of exit or entrance to garden area:
"Age Verification Required" and "No Alcoholic Beverage Beyond This Point" placed at each point
of exit or entrance to garden area. Beverage ticket prices shall be posted.
h) Provide daily gross revenue reports to G.A.L.A. Event Coordinator on March 20, 21, 22, 1998.
i) Provide G.A.L.A. Event Coordinator with an itemized report of all actual expenses and revenue by
April 3, 1998.
j) Issue a check made payable to the City of Boynton Beach/G.A.L.A. in the amount of 50% of the net
revenue from Wine and Beer Garden sales by APril 3, 1998.
k) Issue a check made payable to the City of Boynton Beach/G.A.L.A. in the amount of 40% of the net
revenue from Merchant Exhibitors fees by April 3, 1998.
I) Charge Merchant Exhibitors a minimum fee of $200 for each booth or display area.
m) Provide the G.A.LA. Event Coordinator with names of all participating local businesses and amount
of revenue and expenditures for reports by March 13, 1998.
Inform all vendors and Merchant Exhibitors that only exhibitors who pay $600 per G.A.L.A. exhibit
space will be recognized and featured as sponsors of the festival in media and promotional
advertisements.
o) Obtain all permits and licenses for the sale of wine, beer and alcoholic frozen tropical drinks as
required by local, county and state laws.
p) Check age identification prior to any alcoholic beverage sales to ensure minimum age of 21 in
accordance with state law.
4. The CITY shall:
a) Include information regarding the Wine & Beer Garden in all promotional efforts via press releases
provided by the CHAMBER to the G.A.L.A. Event Coordinator by February 13, 1998.
b) Reserve the right to designate distributor of products sold as itemized in this agreement.
5. That the CITY shall not be responsible for any property damage or personal injury sustained by
CHAMBER representatives employees or volunteers from any cause whatsoever, prior, during or
subsequent to the period of time during which this agreement is in effect. The CHAMBER hereby waives,
.... discharges and releases the CITY, its agents, employees, volunteers and participants from liability for the
negligent acts of the CITY or its employees and agents.
The CHAMBER shall provide verification of a one million dollar special event insurance liability policy,
including liquor liability insurance which names the CITY's officials, agents, employees, volunteers and
participants as additional insured. An original certificate of this insurance coverage shall be provided to the
11.
12.
13.
CITY'S Risk Manager from tr._ CHAMBER'S insurance carder.
That the CHAMBER shall not sell, subcontract or transfer this agreement to any individual, group, agency,
government, non-profit or profit corporation.
That the CHAMBER shall indemnify, save and hold harmless the CITY, its agents, employees, volunteers
and participants from any claim, demand, suit, loss, cost of, expense or damage which may be asserted,
claimed or recovered against or from the CITY or its agents or employees, by reason of any damage to
property or person, including death, sustained by any person whomsoever, which damage is incidental to,
occurs as a result of, or arises out of the negligent or wrongful act(s) of the CHAMBER, its employees,
representatives or volunteers.
The term of this agreement shall be from March 20 through March 22, 1998.
That, in the event that litigation shall be necessary for the enforcement of this agreement on behalf of either
party, then the prevailing party shall be entitled to reasonable attorney fees and costs incurred in said
litigation. Venue for said litigation shall be Palm Beach County, Florida, and this agreement shall be
interpreted under Florida Law.
That the CHAMBER or CITY shall not discriminate against any person on the basis of race, color,
religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability in its hiring or
contracting practices, or for any reason associated with this agreement.
That this agreement alone sets forth all the covenants, promises, agreements, conditions and understanding
between the parties hereto. There are no covenants, promises, agreements, conditions or understandings,
either oral or written between the parties other than those herein set forth. No agreement shall be binding
upon the parties unless and until it is reduced to writing and signed by both the CHAMBER and the CITY.
If any terms or provision of this agreement shall, to any extent, be deemed invalid or unenforceable, the
remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and. year
written above.
ATTEST:
By: ,~'i/~/~~~. ~/~'~'/j
Gerald Taylor, ~(dyor
City of Boynt.~c~ Beach
By:
Greater Boynton Beach Chamber of Commerce
Approved as to form and
legal sufficiency;_ ~
James Cherof, City Attorney-~'
City of Boynton Beach
J:XSHRDATA~RCXWPW, ECDIV',EVENTS\GALA\Chamber Agreement. Doe
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